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Clash of the Open Standards

Rollie Hawk writes "Open Source Initiative (OSI) and Computer Associates (CA) may agree that some housework is needed with open source licensing, but they may not be able to reconcile their views on the best solution. CA has a couple of possible solutions in mind for its proposed Template License. This license will likely be based on either Sun's Common Development and Distribution License (CDDL) its own Trusted Open Source License. OSI, which does not favor corporate-centered licensing, opposes such moves on a number of grounds. Specifically, they point out that CDDL is not GPL-compatible. While acknowledging the problems with license proliferation, OSI prefers a solution involving stricter criteria (including that approved licenses must me non-duplicative, clear and understandable, and reusable) and is proposing a "three-tier system in which licenses are classified as preferred, approved or deprecated." While there is no legal requirement for any open-source license to be approved by OSI, it is currently common practice for developers to get their license blessing from it."

42 of 215 comments (clear)

  1. GPL-compatible by Anonymous Coward · · Score: 5, Insightful


    Specifically, they point out that CDDL is not GPL-compatible.

    Umm... so? Since when was the GPL the pinnacle of open source licensing anyway? Licenses pushing a corporate agenda aren't really any worse than the GPL which pushes a political agenda.

    1. Re:GPL-compatible by Otter · · Score: 4, Insightful

      And OSI has an official standard that doesn't demand GPL compatibility. I sympathize with their opposition to license proliferation (although in the absence of proliferation, why would licenses need to be certified?), but it seems inappropriate to deny certification to licenses that meet their published standards.

    2. Re:GPL-compatible by squiggleslash · · Score: 5, Insightful
      The GPL is a neutral copy-left. It doesn't give special rights to the "initial developer". It's well understood, there's a large body of code licensed under it, and whether you agree with the politics behind it or not, it's a good baseline for those who want a copy-left license.

      Why is this important? Because most developers want compatability with some common license. If the MPL and CDDL were compatable with the GPL, then there would be ways of mixing code licensed under one with the other.

      Not having compatability harms Freedom. It means that you cannot "use" code under circumstances that most Free Software advocates, and probably most Open Source advocates, would consider reasonable and a requirement for software to be considered Free or Open Source.

      Yes, it doesn't have to the GPL. But there are no other real candidates. The BSD license doesn't do it because it has no requirement that further conditions be eliminated, so while BSD code can go in an MPL project, the fact the CDDL is compatable with the BSD license doesn't mean CDDL code can go into an MPL project.

      Other licenses are, for the most part, more obscure and are no better than the GPL, or are not neutral. Some are even incompatable with themselves as they grant special privileges to an "Initial Developer", which means two projects under such licenses with different initial developers cannot share code.

      So for the time being, GPL compatability needs, as far as many people are concerned, to be the baseline test of whether a license is a good one, regardless of whether - on the surface - it is "too political".

      If you hate the fact that software can be called Free or Open Source and yet you can't use code from one project in another, you should be opposed to incompatable license proliferation. Incompatable licenses are killing Free Software.

      --
      You are not alone. This is not normal. None of this is normal.
    3. Re:GPL-compatible by marvin2k · · Score: 4, Insightful
      While I understand the need for different licenses like GPL - LGPL - BSD, creating several licenses to serve the same purpose is a waste for everyone.
      What worries me is that most people seem to be so fixated on the GPL that they don't realize that this license simply doesn't work for everybody. I think there need to be three "template licenses" instead of one:

      One "I only want to make my work available to other open source authors" license (GPL).
      One "It's ok if my work becomes part of a non-open-source product but I still want that people contribute any changes to my code back to the community" license (LGPL).
      And finally one "I don't really care" license (BSD).

      I think trying to force everyone to use the GPL simply *has* to end in things like the CDDL because the companies don't feel they have any other choice.
    4. Re:GPL-compatible by jbolden · · Score: 3, Insightful

      Since when was the GPL the pinnacle of open source licensing anyway?

      When Linux (speaking of the kernel) became the flagship opensource project the GPL became the pinnacle. Linux brought a huge number of people into Unix and gave them a political orientation that while somewhat hostile to the FSF as "leader" was very congruent with their philosophy.

      Today:

      1) The GPL is far and away the most common open source license

      2) Projects that were not previously GPL have converted over, Mozilla (the project) being the most important example. That is there has been a shift towards even greater adoption.

      3) Licenses which are not compatible with the GPL tend to receive very little community support.

      If that isn't the pinnacle what is?

    5. Re:GPL-compatible by eviltypeguy · · Score: 3, Informative

      Technically, it's the GPL that's incompatible with the CDDL, not the other way around. This is because the GPL states that the other code can't have any additional requirements basically.

      Just a technicality...

    6. Re:GPL-compatible by Ithika · · Score: 2, Interesting

      All three of the licences you list are compatible with the GPL.

  2. Kudos for some simplicity by syntap · · Score: 4, Interesting

    proposing a "three-tier system in which licenses are classified as preferred, approved or deprecated.

    With all the nuanced licenses appearing, this is good to see. Then again for my needs all I want to know is GPL-compatible or not.

  3. Actual impact by danbond_98 · · Score: 4, Insightful

    But the question really is, how much do people care about this? There seem to be a couple of licences most open source softwares use, being the GPL and the BSD licences, and only odd examples use others. Yes, the big big things like apache and the like have their own licenece, but for most people writting a small application, as well as a lot of larger projects, those two seem to cover it.

    1. Re:Actual impact by foobsr · · Score: 2, Informative

      Maybe a little more complicated, given that the FSF lists some 80+ licenses, documentation related ones not included.

      CC.

      --
      TaijiQuan (Huang, 5 loosenings)
    2. Re:Actual impact by CDarklock · · Score: 3, Interesting

      I think there's one major faction which isn't covered by GPL and BSD, where people don't want their software redistributed in modified form. OSI recognises this and provides for it by allowing licenses which require redistribution to be in P3 format (Pristine Plus Patches), but there's no real consensus on one license that covers this need.

      There are a lot of companies who agree completely with the idea of releasing source code, but really dislike the "unrestricted redistribution" thing. A solid industry-standard P3 license would alleviate some of their fears, and could get more projects out there in the open source world.

      --
      Microsoft cheerleader, blue flag waving, you got a problem with that?
    3. Re:Actual impact by Anonymous Coward · · Score: 2, Insightful

      the GPL and the BSD licences ... those two seem to cover it.

      I guess for most people. Personally, I'd like a license that lets me release code to the public and allow royalty-free distribution, but I don't want the GPL problem of people being able to take over my project (1), nor the BSD problem of companies being able to profit from my work (2).

      (1) - I wouldn't want someone like X.org taking a previous version of my software and forking it, effectively destroying my userbase -- for any reason other than discontinuation of my software. Even if they added features I didn't have. Even if their software was better than mine. Call that greedy if you want, but I don't think it's unreasonable to want to control your work to avoid dillution of strict standards it follows [think incompatible themes/formats/whatever between various alternative versions of your software], and control over the direction your application progresses towards.
      Given the open source code, I wouldn't mind people using it as a reference for an original from-scratch project, nor for personal modifications.

      (2) - Not much needs to be said here. I wouldn't want Microsoft or whoever to benefit from my code without compensating me for my efforts. Nor would I personally want to be compensated for what is, ultimately, a hobby to me.

    4. Re:Actual impact by Ithika · · Score: 3, Interesting

      Given requirement (1), why bother use an open licence at all? If you can't fork, why bother opening in the first place? If I can't improve it without your say-so, it's not really open.

    5. Re:Actual impact by SunFan · · Score: 2, Insightful


      This is very likely why Sun doesn't cave into demands that their Java implementation be completely converted to the GPL. If they were to do this, all of their major competitors can start doing "value added" modifications to lock in their customer bases. That would be a bad thing for Java.

      --
      -- Microsoft is the most expensive commodity operating system and office suite vendor in the marketplace.
    6. Re:Actual impact by Jussi+K.+Kojootti · · Score: 2, Insightful

      I believe your license is called 'Shared Source'.

  4. licensing-nonsense by N3wsByt3 · · Score: 4, Insightful

    Free licence are free, and if they aren't, they shouldn't be portrayed as such.

    We're not going into that debate again, I hope? the same thing with "which is more free: BSD or GPL".

    There is NO difficulty here: BSD, by nature, is more free, yes. But to *keep* it free, GPL is better suited.

    And such is the case with all 'open' licenses: some may be more free, others may suit some particular need better.

    --
    --- "To pee or not to pee, that is the question." ---
  5. Look closely by bogaboga · · Score: 4, Insightful

    When one looks closely at these licensing issues, one discovers that it ia always about the money and control. I will admit bias here. I read all the links with the bent mind toward the belief that it's always about the money.

  6. Re:Licensing Open Source: Is this really necessary by smittyoneeach · · Score: 2, Funny

    1. In your mailbox, you discover a subpoena.
    2. ????
    3. (Profit)!!!

    --
    Get thee glass eyes, and, like a scurvy politician, seem to see things thou dost not.--King Lear
  7. Re:Licensing Open Source: Is this really necessary by 0x461FAB0BD7D2 · · Score: 5, Insightful

    It's open, but that doesn't mean that anyone can do what they want with it. That amounts to licentiousness, and not freedom.

    Licensing open-source software ensures that the developers work is not abused or ripped off by companies seeking a quick profit. Any code written under an open-source license is to remain free forever, at least theoretically.

    And before Slashdotters start asking why it's ok for developers to license code and not for the RIAA to license music, remember that the former means profit for the violator, while the latter doesn't.

  8. The great thing about standards... by 00squirrel · · Score: 5, Funny

    ...is there are so many to chose from!

  9. more than two? by brontus3927 · · Score: 2, Interesting

    Not to ask a stupid question (I know there are no stupid questions, just stupid questioners), but:
    Exactly how many open source licenses are there? When I first started looking at open source, I only knew of GPL. Then I learned of BSD. Up till now, I was under the impression that those two were the only open source licenses.

    1. Re:more than two? by squiggleslash · · Score: 3, Informative
      FWIW, anyone who needs a fairly reasonable list of licenses will find a reasonable collection, with related discussion, here.

      The OSI has a list of "approved" licenses here, but it's literally just a list (no explanation of the differences or analysis of their implications), and I get the impression the OSI is regretting approving so many of them, given most of them are incompatable with one another (some of them can be incompatable with themselves, depending on the precise circumstances!)

      --
      You are not alone. This is not normal. None of this is normal.
  10. Who cares what CA thinks? by xxxJonBoyxxx · · Score: 4, Interesting

    Why is CA involved in this in the first place?

    Their #1 revenue model is to buy a software product from someone else, cut development and rake in maintenance checks. Are they branching out?

  11. Different licenses are fine by NerdHead · · Score: 2, Interesting

    Licenses are important but different developers see licenses differently. I think it is rational to offer a license of choice by the author of the software. I wouldn't want a standards committee telling me what my license should be and I wouldn't want a RIAA/MPAA-type organization either. While I'm at it, why make a license compatible with another? If I want my license to be compatible with GPL, why not just use the GPL? The BSD vs. GPL is a matter of what freedoms one wants in their license. As long as there is a license to protect the author, it should be fine.

  12. Re:Licensing Open Source: Is this really necessary by dago · · Score: 2, Interesting

    except that allofmp3.com does NOT violate any law and has properly took a license from the proper russian administraton.

    --
    #include "coucou.h"
  13. component-based by kars · · Score: 2, Insightful

    Would it be feasible to define some standard groups of clauses for topics so you could just plug them together as components to get an actual license? Then you could just pick one out of several options for copying restrictions. Or if that's not possible, at least try to standardise it in some way. It'd make licenses a lot easier to read.

    But of course, IANAL, so there's probably a very good reason why this hasn't been done. Or maybe it has and I'm just ignorant :)

    --
    Take life easy: one bit at a time.
  14. Re:We need one licence by dallaylaen · · Score: 2, Insightful

    There are too many "The Only Right Ways To Go". Some of them are wrong. And some aren't even ways to go!

    No we do not need *one* license.

    BTW, if GPL ceased to exist somehow, the CDDL vs BSD flamewars will spread. Some people tend to like flamewars...

    --
    WYSIWIG, but what you see might not be what you need
  15. I Propose a 2 Tier system for TLAs by tubs · · Score: 2, Funny

    For example, a TLA should be registered and if there are two TLA that are the same, then they should have a .x after them, where x is a number.

    For example

    OSI stands for Open Systems Interconnect, and OSI.1 stands for Open Source Inititive
    PSP stands for "Paint Shop Pro" and PSP.1 stands for Play Station Portable.

    Okay, it defeats the purpose of TLAs by making them FLA.2* (Five letter abbrieviations) but hey it's all too confusing!

    * FLA stands for Finance and Leasing Association, and FLA.1 is Fair Labor Association.

    --

    try to make ends meet, you're a slave to money, then you die

  16. Corporate agenda not worse? Really? by Danuvius · · Score: 3, Insightful
    Licenses pushing a corporate agenda aren't really any worse than the GPL which pushes a political agenda.
    You must have a fascinating moral paradigm.

    I, for one, think that political agendas that aim to benefit people at large (and have a track record of success at doing so) are less immoral than corporate agendas that seek to enrich their investors at the expense of unwitting customers.
    --
    Akarsz Magyar Gentoo fórumot? Akkor
  17. In other news... by HomerJayS · · Score: 2, Insightful

    Lawyers around the world are gearing up to make millions of dollars/euros/yen/... litigating the nuances of the conflicting "Open Source" licensing models.

  18. Corporate ownership of all that is revolutionary by sellin'papes · · Score: 4, Insightful
    It seems to me that corporations are struggling to find what is cool and then immediately take ownership of it. The CDDL open source is an example of this.

    Open source is an extremely revolutionary idea and fairly unique in the history of the world and I would be concerned at how a major corporation would interpret and alter the concept.

    Another example of corporate involvement in revolutionary ideas is Slashdot itself. Every time I view a forum discussion a message from friendly Microsoft pops up telling me not to switch my operating system from Windows to Linux. This message also prevents me from reading replies and thus altering my pleasurable Slashdot experience.

    --
    This is my last post.
    [6th Estate]
  19. Re:Licensing Open Source: Is this really necessary by ClosedSource · · Score: 4, Insightful

    "Any code written under an open-source license is to remain free forever, at least theoretically."

    This is just open/free source propaganda. Any code that is placed in the public domain or under a BSD-style license will "remain free forever" without a GPL style license. In other words, no corporation can make it illegal for you to use it or extend it.

    A license like the GPL makes it impossible to "lock up" derivative works that are distributed, but that has nothing to do with the "freedom" of the original code.

  20. Re:BSD is note more free by Rich0 · · Score: 3, Insightful

    Actually - I'd argue that GPL gives more freedom to the original developer. That is the freedom to use all derived works.

    The original BSD developer for the TCP stack has no access to the MS implementation of that stack - since they slapped a proprietary license on it.

    On the other hand, the original GLP developer of linux code has full access to the Linksys implementation of it - since Linksys is compelled to release updates.

    You will note that while companies love BSD-licensed projects (since they can just steal code from them), they rarely distribute their own works under the BSD, and that limits your ability to profit even more than the GPL, and arms your competitors with your technology. Companies only release under BSD if they don't care about the code at all, or if it is a reference implementation of something that they actually want everybody to just use as widely as possible - probably because it interfaces with some expensive proprietary product.

    BSD does let you do more with the code, but GPL does more to protect the open source community, and to protect the original developer - and that is the person whose blood, seat, and tears were invested in the first place...

  21. Society and Profit by rumblin'rabbit · · Score: 4, Insightful
    All companies use the work of others to make profit. They have access to all of the science and technology (except for the small percentage under IP protection) that has come before. They have access to lessons learned by past companies. Even social infrastucture plays a vital role. Profits are not something companies alone generate, but something societies generate.

    When a scientist makes a discovery and doesn't patent it (you know, the good ol' days), that discovery may be used by all of society in any manner what so ever. Is it immoral for a company to use that discovery? Not only is not immoral, by refusing to use the technology they would be depriving their customers of the benefits.

    To declare that it's immoral to make use of the work of others to make a profit is to declare that all profits are immoral. That's not a political system I buy into it.

    And your use of the word "quick" is silly and pejorative. While companies won't pass up quick profits, in real life they are far more focused on sustainable profits. Or they are if they want to be around for any length of time.

  22. Re:BSD is note more free by 2short · · Score: 3, Insightful

    But the BSD might give the original developer the freedom to use more derived works, because more may exist. Heck, the original developer has the freedom to use all derived works if they just keep their source closed. Protecting the rights of the original developer seems like an odd standard to judge free/open source licenses on. We call them free/open because the original developer gives up some of their rights.

    "You will note that while companies love BSD-licensed projects"

    In the interest of full disclosure: I work for a company. Please don't hate me.

    "(since they can just steal code from them)"

    It's not stealing. The copyright owners have specifically authorised us to use the code. Presumably they even want us to.

    "they rarely distribute their own works under the BSD"
    We don't release all our works under the BSD, and certainly not those central to our competitive advantage, but we don't use others BSD code for that either, or there wouldn't be any advantage. However, when we use BSD code, we most certainly do release enhancements and bug fixes to that code under the BSD. Contrary to your imaginings, we release code under the BSD when we want others to be able to use and add to and our work.

    The GPL only does more to protect the original developer, if the original developers wishes are what the GPL stipulates. I'm not sure the open source community needs protection; The BSD allows more people to be part of the open source community.

    Saying one license is better then another is silly; they have different goals. People judge licenses by all sorts of different criteria, and judge "freedom" in all sorts of ways. Some of which seem pretty convoluted to me. Personally, I judge licenses by one yes or no question: "Can I do whatever the hell I want with the code?"
    I like whatever-the-hell-you-want compatible licenses. You're free to like whatever licence you like. But arguing that any license is "more free" than a whatever-the-hell-you-want licence is going to require some pretty twisted logic.

  23. Re:Who said GPL was most commonly used license by lheal · · Score: 2, Interesting

    I meant "most commonly used FOSS license, in number of FOSS packages choosing it". After thinking about it, I think probably The Artistic License actually has more users, since Perl is almost ubiquitous. Sendmail's BSD-like license is another contender.

    I think I'll ask Google ... hmm, interesting. Here is a cached page listing some numbers:

    http://www.google.com/help/features.html#cached

    GPL/LGPL ~77%,
    BSD et al 12%.

    --
    Raise your children as if you were teaching them to raise your grandchildren, because you are.
  24. Re:Corporate ownership of all that is revolutionar by Bent+Mind · · Score: 2, Insightful

    On the contrary, in the GPL sense, I see open source as capitalistic.

    You code an application and release it under GPL. A corporation finds the code useful, but wants a certain feature.

    At that point they either pay you (the original developer) money to implement the feature, or implement it themselves and pay you with new code and an enhanced application.

    Either way, you profit.

    --
    Request a Linux Shockwave player here: http://www.macromedia.com/support/email/wishform/
  25. That's copyright by spitzak · · Score: 2, Insightful

    Just copyright your code. No license at all. That's exactly what you are asking for.

    Actually you did mention "allow forking if I discontinue the software". You might be able to write up a small license that says somebody can violate the copyright if you stop supporting the software, though exactly how to word that is questionable.

  26. Re:Corporate ownership of all that is revolutionar by spitzak · · Score: 2, Interesting

    The GPL does not force you to do anything. By their explanation Ford motor company is "communist" because to use their cars you are "forced" to give them money.

  27. GPL is my personal preference by HiThere · · Score: 2

    I can't talk about "good" licenses or "bad" licenses in the abstract without some concrete definition of "good" and "bad". I can think of lots of arguments that go both ways. I prefer the GPL.

    Now if you propose some specific goal, then we can talk about whether licenses are "good" or "bad" for achieving that goal. Or, omitting relative virtues, we can discuss the social effects (PLURAL!!) of each particular license.

    But I can't rate most licenses in the abstract as "good" or "bad". (I can think of a few exceptions...but they are always made so difficult to read that it's impossible to have a reasoned discussion about them.)

    I prefer the GPL. It's pretty good at achieving the goals I want for my software, and I'm quite comfortable with the limitations that it places on my actions. And it's quite reasonable for other people to have other preferences. Actually, if the situation were assymetrical, then I might prefer to chose to recieve code under the BSD license, and offer it under my own, but I would consider it unreasonable to expect people to go along with that. And I'm comfortable with the GPL in a symmetrical context.

    --

    I think we've pushed this "anyone can grow up to be president" thing too far.
  28. Re:The AJS318 licence by Josh+Triplett · · Score: 2, Informative
    Your proposed license is not an Open Source or Free Software license at all:

    Translation of messages and documentation in the English-language version to other languages is permitted. However, this permission-to-translate clause must be replaced in the translated version by a clause forbidding any further translation.

    From the Debian Free Software Guidelines, as well as the Open Source Definition:

    The license must allow modifications and derived works, and must allow them to be distributed under the same terms as the license of the original software.

    Your license does not permit specific kinds of modified works from being distributed under the same terms.

    I can understand the issue you are trying to solve: you don't want translations that don't come from the original, most likely because that would result in compounding errors due to mistranslation or limited translation. However, this is just one possible way that someone could make your program worse; they could also introduce bugs, security issues, standards-violations/extensions, or just features you don't like. Attempting to prevent people from making the program worse will also prevent people from exercising the right to create derivative works.

    A much better solution is to require that modified works are clearly labelled as modified, and not represented as the original. Licenses such as the GPL and the zlib license do exactly that. This way, people can still modify the program for any purpose, but they won't make you look bad in the process, only themselves.

    Another minor issue with your license is the fact that you require people to provide an offer for source code that is valid in perpetuity, without providing the alternative of just providing source code at the same time as providing the binary. This means that if someone ever provided a version of your program on their website, they would have to keep a copy of the source for that version indefinitely. This gets even worse if they distributed several versions.

    These are just a few symptoms of what happens when you attempt to write your own license rather than using a well-established Free Software / Open Source license.
  29. Re:The AJS318 licence by Kazriko · · Score: 2, Informative

    IANAL, but the problem with this is that once you say something is "Public Domain" you no longer have any say whatsoever in it. Those conditions would not need to be followed by anyone at all. Public Domain is Public Domain. Anyone can use it for any purpose without consulting you nor following any of your instructions on its use. I believe that includes the disclaimer.